Attempted murder charge in Somersworth shooting case

Thursday

Jan 24, 2013 at 3:15 AM

By Samantha Allensallen@fosters.com

SOMERSWORTH — A Middleton man accused of firing two shots inside a residence at Sherwood Glen Mobile Home Park last September has been indicted on charges related to the incident including attempted murder in the first degree.

Christopher Smart, 27, formerly of 740 Route 153, Middleton, has been held at Strafford County House of Corrections on $50,000 cash bail since time of his arrest only a few hours after the shooting occurred.

While Somersworth police initially charged Smart with reckless conduct and a violation for breach of his bail conditions at that time, an indictment issued by a grand jury found probable cause to constitute charges of attempted murder, attempted first degree assault and two counts of falsification of physical evidence along with the felony charge of reckless conduct.

Foster's reported Somersworth police responded to 316 Sherwood Glen for a report of a disturbance on Monday, Sept. 17, at approximately 10:42 p.m. Upon arrival, police said they made contact with three individuals in the driveway of that residence and shortly after, two gunshots were heard coming from inside the home.

Police say a male subject, identified later as Smart, was seen fleeing from the residence. Police allege Smart fired a handgun “in the direction of” a 26-year-old man inside the residence and noted the victim was not injured in the incident.

At roughly 12:46 a.m. Tuesday morning, Smart was taken into custody at the Irving gas station located on Route 108 in Somersworth.

Several area departments assisted in the search for the alleged shooter, including police from Dover, Rochester, Rollinsford, Barrington and the New Hampshire State Police.

Blackwater Road remained closed for the evening and early morning the next day as officers carried out their manhunt with K9 units in tow.

Court documents say after Smart allegedly fired two shots at the victim, he falsified evidence when, believing “an investigation was about to the instituted,” he concealed clothing he had been wearing during the incident and threw the discharged firearm allegedly used in the shooting in a trash container.

The variety of charges related to Smart's firing of his gun, including the attempted first degree murder and assault felonies, account for alternating theories the Strafford County Attorney's office will present in court proceedings in this case.

An arraignment has been scheduled for Smart on Jan. 31 in Strafford County Superior Court.

Smart previously requested through his attorney the case be dismissed and all charges dropped due to the length of time he had been incarcerated since the incident without an indictment coming forward. At a bail hearing on Jan. 4 where Smart also requested his bail be modified, Judge John Lewis ordered the bail remain as previously set and noted Smart's request for dismissal was “moot” when he granted an extension for the state's “bindover.”

The county attorney's office submitted a request to extend the case shortly before that hearing on Dec. 24, informing the superior court additional time was needed for an investigation and the office had yet to receive results from that investigation.

Smart's bail order includes that he have no contact with the alleged victim in the case or go within 100 yards of him. He is also prohibited from traveling Sherwood Glen Mobile Home Park, to have no alcohol or illicit drugs, and to possess no firearms, weapons or ammunition. If Smart posts bail and is released, he will be monitored by the Community Corrections program.

The reckless conduct and falsification charges are Class B felonies which carry a prison sentence of three-and-a-half to seven years and a $4,000 fine each. The attempted murder and attempted assault charges are Class A felonies, each of which carries a seven-and-a-half to 15 year imprisonment sentence, with a fine of $4,000.

An indictment is not an indication of guilt; rather, it means a grand jury found sufficient evidence to warrant a trial.